Executive Decree Pcm-027-2020 - Convocation to Extraordinary Sessions of the National Congress (31-03-2020)

This decree calls the National Congress to extraordinary sessions on April 2, 2020 to approve emergency measures for the COVID-19 pandemic. It affects all citizens and businesses because it includes projects on tax relief, financing for small businesses, worker support, and authorization for virtual congressional sessions.

Whereas Honduras, like other nations in the world, is being affected by the spread of the COVID-19 pandemic, as declared by the World Health Organization (WHO), causing severe damage to the health of our population and putting at risk the lives of thousands of Honduran persons in conditions of vulnerability due to suffering from underlying diseases, which when associated with the virus that causes this Pandemic can rapidly result in a fatal clinical condition for this population segment. WHEREAS in accordance with the recommendations of the Pan American Health Organization (PAHO) and the World Health Organization (WHO), as well as renowned Epidemiologists, with the purpose of avoiding the rapid spread of the pandemic and thereby saving precious lives, the President of the Republic in Council of State Secretaries, in exercise of his constitutional powers decreed the restriction of constitutional guarantees of freedom of movement, freedom of assembly and other rights guaranteed by the Constitution of the Republic, a measure that has been constitutionally extended until the next Sunday, April 5 of the current year 2020 and which will reach 21 days of confinement in their homes of Honduran families.

Whereas notwithstanding the confinement measures for the Honduran family, the spread of the pandemic has been increasing due to its characteristics of rapid transmission from person to person, reaching the largest populations such as San Pedro Sula, Central District, La Ceiba, Choluteca and other cities in our country, resulting to date in the unfortunate loss of human lives and hundreds of infected persons.

Whereas Article 187, numeral 4 of the Constitution of the Republic establishes that: "The exercise of the rights established in Articles 69, 78, 81, 84, 99 and 103, may be suspended in case of invasion of the national territory, serious disturbance of the peace, epidemics or any other general calamity, by the President of the Republic, in accordance with the Council of Ministers, by means of a Decree that shall contain: 1. ...; 2. ...; 3. ...; and, 4. The time that it shall last. Furthermore, the National Congress shall be convened in the same decree so that within the term of (30) thirty days, it shall become aware of said decree and ratify, modify or disapprove it. ..."

Whereas by Executive Decree 21-2020, issued on March 15, 2020 and published in the Official Gazette "La Gaceta" on March 16 of the same year, this constitutional requirement is met, making it necessary and urgent to convene the National Congress so that it becomes aware of this measure adopted by the Executive Branch.

Whereas the measures restricting constitutional guarantees to achieve confinement in their homes of all persons in the national territory with the exceptions established in the same Executive Decree 21-2020 of March 15, 2020 and published in the Official Gazette "La Gaceta" No. 35,202 of March 16 of the same year, reformed by Executive Decrees number PCM-022-2020 and PCM-026-2020, has inevitably caused a decline in economic activity which makes it impossible to comply with material and formal tax obligations by those subject to taxation.

Whereas it is necessary to provide social protection to the most vulnerable persons from a socioeconomic perspective, for which reason the State must allocate resources in a special manner to address this need and it is required that the National Congress urgently convene, in order to consider the matters that through Legislative Initiative of the President of the Republic, are urgent to address the most sensitive needs of the citizenry.

Whereas Article 190 of the Constitution of the Republic establishes that the National Congress shall meet in extraordinary sessions when requested by the Executive Branch and that on this occasion, the high interests of the nation warrant that the National Congress convene in extraordinary session to consider the matters that the Executive Branch sends, described in the Present Executive Decree.

Whereas due to the duration of this pandemic and the material and sanitary difficulties prevailing in the country it is very difficult for the National Congress to convene each time that may be required, for which reason it is necessary to adopt measures by the same National Congress to approve a mechanism of virtual sessions using information and communication technologies that currently make it possible for this Branch of State to continue legislating in times of social distancing.

Whereas the President of the Republic has held conversations with the President of the National Congress, in order to make possible this extraordinary convening to consider a minimum agenda that allows the Executive Branch to have more tools to face the effects of the pandemic.

Whereas Article 321 of the Constitution of the Republic provides: "State Officials have no more powers than those expressly conferred upon them by Law. Any act that they execute outside the Law is null and void and implies responsibility".

Whereas the State Secretaries have the common powers provided for in the Constitution of the Republic and in the Law; likewise they have jurisdiction and authority to resolve matters of their respective branches, being able to delegate to the State Undersecretaries the exercise of specific powers.

Whereas in order to expedite Public Administration the State Secretaries may delegate to their State Undersecretaries the exercise of the authority to decide on certain matters or in specific cases through the signature of certain administrative acts.

Whereas the General Law of Public Administration establishes that State Undersecretaries through an act of delegation from the State Secretary of the respective branch may become aware of and resolve on determined or specific matters.

Whereas by means of Agreement No. 126-2019 of November 18, 2019, the Constitutional President of the Republic in exercise of the powers with which he is vested, appointed citizen DAVID ANTONIO ALVARADO HERNANDEZ, as Undersecretary of